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To promote stable, constructive labor-management relations through the resolution and prevention of labor disputes in a manner that gives full effect to the collective-bargaining rights of employees, unions, and agencies.

11 FLRA No. 8
AMERICAN FEDERATION OF
GOVERNMENT EMPLOYEES,
COUNCIL OF SOCIAL
SECURITY DISTRICT
OFFICE LOCALS
Union
and
DEPARTMENT OF HEALTH
AND HUMAN SERVICES,
SOCIAL SECURITY ADMINISTRATION
Agency
Case No. O-NG-516
ORDER DISMISSING PETITION FOR REVIEW
The petition for review in this case comes before the Authority
pursuant to section 7105(a)(2)(E) of the Federal Service
Labor-Management Relations Statute (the Statute) and raises the issue of
the negotiability of a Union proposal which, among other things, would
mandate bargaining over the establishment and implementation of
flexitime plans and/or compressed work schedules.
On July 23, 1982, and during the pendency of this appeal, the Federal
Employees Flexible and Compressed Work Schedules Act of 1982, Pub. L.
No. 97-221, 96 Stat. 227, became effective. Under this Act, a new
section 6131 was added to title 5, U.S. Code, which prescribes the
criteria and review procedures governing the establishment or
termination of a flexible or compressed schedule where the head of an
agency determines that such schedule would have an adverse agency
impact. Neither party has had the opportunity to address the
applicability to the matters involved in the instant proposal of Pub. L.
No. 97-221 which substantially differs in some respects from its
predecessor (Federal Employees Flexible and Compressed Work Schedules
Act of 1978, Pub. L. No. 95-390, 92 Stat. 755 (1978), as amended by Pub.
L. No. 97-160, 96 Stat. 21 (1982)).
Accordingly, IT IS ORDERED that the Union's petition for review be,
and it hereby is, dismissed as moot without passing on the merits of the
appeal and without prejudice to the filing of another appeal, pursuant
to the Rules and Regulations of the Authority, on the same issue after
the parties have considered the applicability of Pub. L. No. 97-221 to
the matters involved in the proposal. /1/ See National Treasury
Employees Union, Chapter 217 and Department of Health and Human
Services, Region VII, 10 FLRA No. 18 (1982). Issued, Washington, D.C.,
January 7, 1983
Ronald W. Haughton, Chairman
Henry B. Frazier III, Member
Leon B. Applewhaite, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ The Union's request to consolidate this case with Case No.
O-NG-522, which involves a different issue, is denied.